Retailer takes action against DAA

A Dutch company’s challenge against a decision by the DAA to award a €50m contract to operate electronics stores at Dublin Airport to another company has been admitted to the Commercial Court list, writes Ann O’Loughlin.

The action has been brought by Koninklijke Capri-Lux Holding against the DAA, aimed at having the award of the contract to a rival bidder set aside.

Retailer takes action against DAA

The DAA put out for tender a contract to operate and manage electronics stores at Terminals 1 and 2 at the airport, starting next June or July.

The Dutch firm, which operates electronic stores all over the world, submitted its tender for the contract in early January, but it was informed on February 8 that it had been unsuccessful in obtaining the contact.

It was also informed it had been ranked as the second-placed tenderer.

In its action, the Netherlands-based company claims that the DAA allegedly acted unlawfully and in breach of both Irish and European Union law in the manner in which it conducted the competition.

It also claims the DAA failed to provide answers to questions it submitted concerning the award of the contract.

In its proceedings against the DAA, the Dutch firm seeks various orders including that the decision to award the contract be quashed and that the decision be remitted back to the airport authority for reconsideration.

The Dutch firm also wants various declarations, including that the DDA has allegedly acted unreasonably and disproportionately and took irrelevant considerations into account.

It further seeks declarations that the Dublin Airport Authority allegedly failed to provide adequate reasons for its decision to the applicant.

Koninklijke Capri-Lux, represented in court by Eileen Barrington, also seeks damages.

Mr Justice Brian McGovern said that he was satisfied to admit the action to the fast-track Commercial Court list.

The judge also ruled that the successful bidder for the tender, Inmotion Entertainment, should be added as a notice party to the proceedings.

The matter will return before the court later this month.

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